MS. S. PRABHA GULATI Vs. KURUKSHETRA UNIVERSITY, KURUKSHETRA

JUDGEMENT

(1.) Ms. S. Prabha Gulati (petitioner) has filed the present writ petition under Articles 266/267 of the Constitution of India seeking directions of this Court against the respondent-University and it has been prayed by the petitioner that a writ in the nature of certiorari be issued quashing the order dated 16.2.2000, copy Annexure P.11 vide which her representation for payment of retiral benefits in the Selection Grade of Rs. 3700-5700 was illegally rejected by the respondent authorities. The petitioner has further sought directions to the respondents to release retiral benefits which have been illegally deducted from the retiral dues without affording reasonable opportunity. It has further been prayed that she be granted Selection Grade which was earlier granted to her on 26.8.1993 w.e.f. 12.1.1989.

(2.) The case set up by the petitioner is that she joined the service of the University on 12.10.1970. She was promoted as Assistant Librarian on 1.4.1980. On 26.8.1993 when she was working as Assistant Librarian she and other similarly situated persons who were in service prior to 1.1.1989, were granted Selection Grade of Rs. 3700-5700/- vide order dated 26.8.1993 w.e.f. 12.1.1989 subject to the condition laid down in the letter dated 7.10.1994, copy Annexure P.2 which was to the effect that the employee must have participated in Refresher Courses/Orientation Programmes on or before 31.12.1995 during the entire service. According to the petitioner on 3.7.1983 she was granted Certificate, copy Annexure P.3 for attending the Refresher Course from 13.6.1983 to 3.7.1983. However, in spite of her repeated requests, she was not sent to participate the second Refresher Course although she was paid salary in the Selection Grade till her retirement which took place on 30.6.1995. The pension papers of the petitioner complete in all respects were submitted on 14.1.1996. On 1.2.1996 she made a representation for the payment of retiral benefits in the Selection Grade. She further repeated the representation on 26.4.1996. Other representations were made on 28.8.1996, 17.7.1998 and on 20.12.1999. Finally on 16.2.2000 the request of the petitioner was rejected that the petitioner is not entitled to the retiral benefits in the Selection Grade.

(3.) The grouse of the petitioner in the present writ petition is two fold. Firstly, that she did request the University for sending her to the Second Refresher Course prior to the date of her retirement and secondly for similar circumstances U.G.C. had waived the condition of Second Refresher Course vis-a-vis Shri K.L. Dhall and Dr. (Mrs.) Shanti Bhan Ex-Lecturer in Psychology Department and she has been discriminated in this regard. Hence, the present writ petition.